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AMIT ANAND (MANAGER)     01 March 2018

Wife deserted from last 1 and half years along with children, her rights to claim my property.

Dear Sir/Madam, My wife has deserted me from last 15 months after marriage of 8 years with both the children. After so many requests (proofs as sms & phone recordings where she denied to come), (one video where her relatives have abused me and my family members with foul languages), she is not ready to come and her mind been washed by her parents. She is the only daughter to her parents and they live in a rented house (same house from last 20 plus years). My salary is Rs.1,14,000/month and my wife earns Rs.50,000 per month. I have following queries: 1. Will it be prudent if in case she won’t return, can I file divorce based on the ground of desertion after completion of 2 years. What are my chances and how much time it will take? 2. What is the percentage chances of getting the custody of my children? At least one, it will help me to put pressure (in good sense as her mind been washed by her parents and relatives) on my wife to bring her back. 3. What amount of maintenance I have to give for her and children, in case i lose the custody case. 4. I bought a house worth Rs.1.10 crores 3 years back registered on my name and took the loan amount of Rs.40 lacs, out of which still around Rs.15 lacs is pending. My wife has given me the cheques worth Rs.8-10 lacs in my bank account, which I further used in the repayment of bank loan. (rest payments done by me only). In case of divorce do I have to give the share from my property. Will court consider that she or her parents don’t have their own house while taking the decision. Looking forward for your advice. Regards.

 1 Replies

Subash M R (Advocate)     01 March 2018

1.You can,but chances of winning the case is a win-win situation which can't be predicted in advance and it is purely depended on merit of the case in hand, and regarding duration of the proceedings, that is determined as to which type of proceedings are being conducted,i.e.contest or ex-parte.

2. Chances of getting custody of child or children are on the basis of facts and circumstances of the instant case.

3.Since your wife is also earning, maintenance to your wife may be exempted,but for a child or both,you shall be directed to meet it.

4.Your wife's contribution is roughly Rs.10 lacs for the purchase of the property which had been registered in your name only,so chances of your wife's claim on the property won't be allowed by the court initially.

Thanking you,   


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